Supreme Court of India · 2001-02-14
SURAJ MANI STELLA KUJUR vs DURGA CHARAN HANSDAH
- Citation / case number
- SC 2000/11080
- Court
- Supreme Court of India
- Petitioner
- SURAJ MANI STELLA KUJUR
- Respondent
- DURGA CHARAN HANSDAH
- Author
- R.P.SETHI K.T.THOMAS
- Bench
- R.P.SETHI K.T.THOMAS
Judgment text excerpt
The Supreme Court addressed the definition of 'Hindu' under the Hindu Marriage Act, 1955, specifically under Section 2, which applies to all Hindus, Buddhists, Jains, and Sikhs, and clarified that tribals like the Oraon and Santhal are deemed Hindus unless specified otherwise. The Court held that the Act is applicable to Scheduled Tribes unless a notification under Article 342 of the Constitution states otherwise, and emphasized that tribal customs may govern marriages outside the Act. The appeal was dismissed, affirming the applicability of tribal customs in the absence of a specific notification.